New VCAT Practice Notice PNPE9 – Amendment of Plans and Applications

Emily Marson
2 July 2020

Amongst a number of changes introduced to the Planning and Environment List is the introduction of a new Practice Note PNPE9 – Amendment of Plans and Applications. The new Practice Note takes effect from 1 July 2020 and makes a number of procedural changes to the previous version of PNPE9 issued on 13 December 2018.

The following key updates will impact amendment of plans in future applications to amend plans (including in proceedings currently before the Tribunal):

• An amendment of plans and applications can be made in a conditions appeal pursuant to Section 80 of the Planning and Environment Act 1987 (Vic) (Act). However, the Tribunal retains discretion to allow an amendment request conditionally without formal substitution of the application or plans at the hearing (unlike with refusal and failure appeals or applications under Section 87A of the Act).
• Notice given by post must now be put in the post at least 35 business days before the first day of the Tribunal hearing (as opposed to being received no less than 33 business days prior to the first day of the hearing).
• Applicants must now also confirm with the Tribunal that notice has been given within 3 business days of notice being given.
• PNPE9 specifies that amended applications/plans and supporting material need only be served on the Responsible Authority, Referral Authorities and parties to the Tribunal proceeding.
• Table 3 sets out in detail the information that must be included in the documents served. We note that the Statement of Changes ordinarily prepared by the architect or designer must contain much greater detail than that under the previous Practice Note.

Finally, the Practice Note contemplates the Tribunal considering an adjournment to the hearing if the Tribunal decides to refuse an amendment request.

Planning and Environment List forms, filing fees and daily hearing fees have also been updated from 1 July 2020.

Our planning lawyers are available to discuss any queries you may have regarding the new PNPE9 and changes made to procedures in the Tribunal’s Planning and Environment List.